Cross References — Streets, sidewalks and other public places, ch. 520.
[CC 1985 §5-218; Ord. No. 2968 §1(Art. I §1-1), 5-28-1998]
This Chapter shall be known as the Grading, Excavating and Filling
Ordinance of the City of Ste. Genevieve, Missouri, and shall become
effective immediately upon passage by the Board of Aldermen.
[CC 1985 §5-219; Ord. No. 2968 §1(Art. I §1-2), 5-28-1998]
A.Â
The purpose
of this Chapter is to:
1.Â
Protect
the health, safety and property of the people of the City of Ste.
Genevieve by regulating the disturbance of land surface areas and
preventing erosion on disturbed areas.
2.Â
Assure
that consideration is given to the preservation and restoration of
natural features in the grading or development of public and private
land.
3.Â
Assure
that proper provisions are made regarding control of sediments resulting
from rainfall on graded areas and that adequate facilities are constructed
for the management of stormwater.
4.Â
Protect
the public from rapidly flowing water and flash floods.
5.Â
Minimize
storm and flood losses resulting from uncontrolled runoff.
[CC 1985 §5-220; Ord. No. 2968 §1(Art. I §1-3), 5-28-1998]
Floods from stormwater runoff may occur which exceed the capacity
of storm drainage facilities and erosion control procedures constructed
and maintained as a result of this Chapter. The City does not guarantee
that properties will always be free from stormwater flooding, flood
damage(s) or stormwater drainage. This Chapter shall not create liability
on the part of, or a cause of action against, the City or any City
Officer or employee for any flood damage(s) from grading, excavation
or filling. This Chapter does not purport to reduce the need or the
necessity for obtaining flood insurance.
[CC 1985 §5-221; Ord. No. 2968 §1(Art. I §1-4), 5-28-1998]
Where any provision of this Chapter imposes restrictions different
from those imposed by any other law or regulation whether state, Federal
or local, whichever is more restrictive or imposes a higher standard
shall control.
[CC 1985 §5-222; Ord. No. 2968 §1(Art. I §1-5), 5-28-1998]
For the purposes of this Chapter, the following words and phrases
shall have the meaning given herein:
The official duly appointed and/or designated by the City
Administrator of the City of Ste. Genevieve to enforce the regulations
of this Chapter.
Normal farming operations including improvements conducted
under the auspices of the Soil Conservation Service.
A professional engineer licensed in the State of Missouri
and hired by the City to perform technical engineering duties.
Uncontaminated soil, rock, sand, gravel, concrete, asphaltic
concrete, cinder blocks, brick, minimal amounts of wood and metal
and inert solids which are approved by rule or policy of the State
Department of Natural Resources for fill, reclamation or other beneficial
use.
The selected or established frequency or return period of
rainfall time-duration for which drainage facilities are to be designed.
A person who's intent or function is to bring about any change
of land use, land contour(s) or improvement on any parcel of land.
Any change of land use or improvement on any parcel of land.
The catchment area from which stormwater is carried off by
a watercourse or storm drainage system. The area served by a drainage
system receiving storm and other surface-borne water. Drainage basin
boundaries are a product of natural topography and drainage system
configuration.
A manmade structure or natural watercourse for the conveyance
of storm runoff. Examples are channels, pipes, ditches, swales, catch
basins and street gutters.
A building or portion thereof designed to house a family.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
See "CLEAN FILL".
A permit issued by the City of Ste. Genevieve that authorizes
the commencement of land disturbance activities.
A surface on real property where infiltration of stormwaters
into the earth has been virtually eliminated by the works of man.
Impervious surfaces shall include, but not be limited to: roofs, paved
driveways, patio areas, sidewalks, parking lots, storage areas and
other oil or macadam surfaced areas which prevent percolation of stormwaters
into the earth's surface.
Real estate altered by the addition of impervious surface,
grading, excavating or filling which changes the hydrology of the
property from its natural state.
Any person having legal title to or a proprietary interest
in real property. Proprietary interest shall include, but not be limited
to, estate administration, trusteeship, guardianship and actions under
a valid power of attorney.
The total area of the parcel, tract, lot or ownership of
land upon which development or land disturbance is proposed irrespective
of the actual limits or size of the proposed development or land disturbance
activity.
Land or property having little or no "impervious surface".
[CC 1985 §5-223; Ord. No. 2968 §1(Art. I §1-6), 5-28-1998]
A.Â
The provisions
of this Chapter shall be administered and enforced by the administrative
officer. Technical requirements of the Chapter shall require approval
of the City Engineer.
B.Â
The provisions
of this Chapter shall be considered additional regulations to any
requirements of the Federal Emergency Management Agency (FEMA) and/or
the U.S. Army Corps of Engineers for alterations to floodplains or
wetland.
[CC 1985 §5-224; Ord. No. 2968 §1(Art. II), 5-28-1998]
A.Â
Except
as otherwise provided herein, no person shall, without first obtaining
a permit from the City of Ste. Genevieve, alter or cause to alter
the present surface or ground by grading, excavation, filling or removing
topsoil:
1.Â
Changing
the contour of more than twenty-five hundred (2,500) square feet of
land;
2.Â
By any
cut or fill within ten (10) feet of a property line;
3.Â
By any
cut or fill that would permanently divert one drainage area to another
drainage area;
4.Â
By any
cut or fill within a property that changes the grade two (2) feet
or more.
B.Â
Each
application for a grading, excavation and filling permit shall be
accompanied by a grading plan showing existing and proposed contours
normally at two (2) foot intervals. Contours at closer intervals may
be required by the administrative officer, if adjacent to a creek
or if the topography dictates. All grading plans shall be prepared
and sealed by a professional engineer registered in the State of Missouri
except those for residential lots less than one (1) acre in size.
C.Â
No grading,
excavating and filling permit shall be issued when the administrative
officer finds that the proposed work would result in a material change
in the amount or pattern of surface water runoff ox which could deposit
mud or harmful silt or create erosion or damage to adjoining property.
All land disturbance operations shall be carried out in such a manner
as to minimize inconvenience and harm to adjacent properties.
D.Â
No grading,
excavating or filling permit shall be issued for any regulated land
disturbance activity until the administrative officer has reviewed
and approved the improvement plans for the subdivision showing at
minimum:
1.Â
Contours
of the existing ground surface;
2.Â
Elevations
of the proposed finished grade of each corner of each lot and at intermediate
points on lot where the slope of the ground surface changes or a plan
of the proposed finished ground surface showing contours at a maximum
of two (2) foot intervals;
3.Â
Arrows
indicating the direction of drainage;
4.Â
Surface
water runoff calculations for the drainage area tributary to and including
the property making the property safe or controlling a watercourse.
The applicant shall, at its own expense, shore up and protect all
buildings, walls, fences or other property likely to be damaged during
the progress of the grading and shall be responsible for all damage
to public or private property or highways resulting from its failure
to properly protect and carry out such grading, excavating and/or
filling.
5.Â
All
affected areas shall be seeded and mulched or sodded within ten (10)
days after completion of the work or expiration of the permit, whichever
occurs first, and all affected areas shall be vegetated and ground
cover established within ten (10) days following the expiration of
the permit.
6.Â
Operations. All grading, excavation and filling shall be
restricted as follows:
a.Â
Processing
of any kind on the excavation site or the erection or use of any structure
thereon, such as, but not limited to, hoppers, washers, crushers or
sheds, except simple screens to remove oversize aggregates during
loading, shall be deemed a commercial use and are hereby prohibited
except upon the issuance of a special permit by the City.
b.Â
Except
as otherwise provided, no storage area may be created or maintained
in connection with an excavation, grading or filling operation, except
that, under a duly issued permit, an owner or his/her contractor shall
be allowed temporarily to store such material incidental to the operation,
but such storage shall not be for a longer term than the term of the
permit issued. When large quantities or material are to be stockpiled,
special considerations, including encirclement with silt fencing,
shall be required to prevent migration of materials.
c.Â
Applicant
shall take all necessary precautions to minimize damage to City streets
and other City property(ies), traffic flow and nuisance(s) to adjacent
property owner(s) including, but limited to, covering truck loads
to prevent blowing and spillage.
7.Â
Minimum standards. All grading, excavation and filling shall
be regulated as follows:
a.Â
No
excavation shall be made with a cut face steeper in slope than two
(2) horizontal or one (1) vertical unless the material in the excavated
face is stable at a steeper slope as certified by registered soils
engineer.
b.Â
No
fill shall be made which creates an exposed embankment face steeper
in slope than three (3) horizontal to one (1) vertical. The embankment
end of the fill shall be uniformly compacted to a minimum of ninety
percent (90%) compaction as determined by Modified Procter, ASTM D-1775
and certified by a professional engineer licensed in the State of
Missouri.
8.Â
It shall
be unlawful to keep or store any trucks, machinery or equipment on
any property or street following completion of the permitted operation
or expiration of the permit, whichever occurs first.
9.Â
It shall
be unlawful to change, abolish or alter any debris basins, grass waterways,
diversions and other soil erosion control structures as permitted
in a grading, excavating and filling permit, except with prior consent
and written approval of the City.
[CC 1985 §5-225; Ord. No. 2968 §1(Art. III), 5-28-1998]
A.Â
Any development
and/or land disturbance activity regulated by another ordinance of
the City of Ste. Genevieve, including, but not limited to, stormwater
management, floodplain management or subdivision ordinance is exempt
from the provisions of this Chapter to the extent the development
or land disturbance activity is regulated by another ordinance.
B.Â
Agricultural
activities are also exempted.
[CC 1985 §5-226; Ord. No. 2968 §1(Art. IV), 5-28-1998]
A.Â
A soil
erosion control plan shall accompany all applications for a grading,
excavating and filling permit. The purpose of the plan is to clearly
establish what measures will be taken to prevent erosion and off-site
sedimentation during and after development. The erosion control plan
shall consist of two (2) parts, a site grading and drainage plan and
a narrative report describing the nature and scope of the work. The
plan shall be prepared and certified by a registered professional
engineer licensed in the State of Missouri.
B.Â
Erosion
and sedimentation control measures must be designed to provide protection
from the runoff from fifteen (15) year return frequency, twenty-four
(24) hour duration storm.
C.Â
All surfaces
must be stable and non-erosive within the lesser of thirty (30) working
days or one hundred twenty (120) calendar days after completion of
the work authorized by the grading, excavating and filling permit.
When such work is associated with the construction of a building,
no certificate of occupancy shall be issued until such surfaces are
stable and non-erosive. If completion of the work or building is at
such time of the year that stabilization with ground cover is not
possible, a performance bond or other acceptable financial instrument
for completion of the work may be accepted to allow the issuance of
certificate of occupancy.
[CC 1985 §5-227; Ord. No. 2968 §1(Art. V), 5-28-1998]
A.Â
Revocation. The administrative officer may revoke a grading,
excavating and filling permit if the permit application or accompanying
plan contains any false statement or misrepresentation of fact and/or
fails to comply with the permit or with any provision of this Chapter.
Permits revoked under this Section shall not be reinstated until the
cause for revocation has been corrected or until a mitigation plan
for the property has been submitted by the former permit holder and
approved by the City.
B.Â
Stop Work Order. The City is authorized to issue a stop
work order whenever it believes unlawful land disturbance activities
are occurring. A stop work order shall be in writing and shall be
given to the owner of the property or to the owner's agent or to the
person engaged in the land disturbance activity.
[CC 1985 §5-228; Ord. No. 2968 §1(Art. VI), 5-28-1998]
A fee of fifty dollars ($50.00) shall accompany all grading,
excavating and filling permit applications; however, the fee may be
waived if the applicant is required to file a stormwater management
plan and pays the fees associated with such plan.
[CC 1985 §5-229; Ord. No. 2968 §1(Art. VII), 5-28-1998]
No grading, excavating and filling permit shall be issued for
a term exceeding ninety (90) days.
[CC 1985 §5-230; Ord. No. 2968 §1(Art. VIII), 5-28-1998]
No variance from the regulations set out in this Chapter shall
be issued until and after the Board of Aldermen have held a public
hearing, at which parties in interest and citizens shall have the
opportunity to be heard, on the requested variance. At least fifteen
(15) days' notice of the time and place of such hearing shall be published
in a newspaper of general circulation in the City of Ste. Genevieve.
The Board of Aldermen may provide for the posting of notices of the
hearing and for other means of notifying the public and interested
persons of the proceedings.
[CC 1985 §5-231; Ord. No. 2968 §1(Art. IX), 5-28-1998]
Violations of this Chapter shall be a violation of the ordinances
of the City of Ste. Genevieve. Every day any violation of this Chapter
shall continue shall constitute a separate offense.
